Kenny202 Posted June 10, 2015 Share Posted June 10, 2015 (edited) Talking to an English guy the other day runs a business in Khonkaen and I assumed the buisiness was in his wife's name but he told me he had a work permit. I thought you could only get a work permit if working for a company and in a position that cudnt be filled by a normal thai worker. His buisiness is selling foreign foods (distributor) so I guess that could be classed as a non national service. For example an English teaching school / translation service. Anyone know the deal? How does the ownership thing work. For example 49% me, 51% my missus? I know starting a business here is fraught with danger but have talked to a few people recently who make it sound quite feasible to start a business in Thailand Edited June 10, 2015 by Kenny202 Link to comment Share on other sites More sharing options...
digitalchromakey Posted June 10, 2015 Share Posted June 10, 2015 Normally it's best if you have a Thai Limited Company formed with >= 2 Million Registered Capital, three shareholders (you can be one and hold up to 49% equity), two Thai employees on the payroll with tax/insurance contributions (as you are legally married to a Thai), a registered office/premises. If you have all the above, plus supply the correct paperwork, then you can apply to Labour for a WP as say the General Manager. Link to comment Share on other sites More sharing options...
Kenny202 Posted June 10, 2015 Author Share Posted June 10, 2015 Not legally married and probably wudnt want 2 Thai employees. Would the Thai missus be classed as an employee? Link to comment Share on other sites More sharing options...
Mario2008 Posted June 10, 2015 Share Posted June 10, 2015 Yes, but if not married you need 4 Thai employees. Link to comment Share on other sites More sharing options...
bigt3116 Posted June 10, 2015 Share Posted June 10, 2015 Not married would increase it to 4 Thai staff, unless you were a BOI registered company as they are more lenient. Link to comment Share on other sites More sharing options...
Kenny202 Posted June 10, 2015 Author Share Posted June 10, 2015 Hmm the guy I know doesn't have 4 employees. Maybe he does but he doesn't :-) Link to comment Share on other sites More sharing options...
Tchooptip Posted June 10, 2015 Share Posted June 10, 2015 Yes, but if not married you need 4 Thai employees. Yesterday, not far Tesco Bophut I have seen a small food truck, it seems to me selling hamburger, with only one young farang inside. How is that possible? I would like to know. Link to comment Share on other sites More sharing options...
nzexpat Posted June 10, 2015 Share Posted June 10, 2015 Yes, but if not married you need 4 Thai employees. Yesterday, not far Tesco Bophut I have seen a small food truck, it seems to me selling hamburger, with only one young farang inside. How is that possible? I would like to know. Why did you not ask this "young farang" ? 1 Link to comment Share on other sites More sharing options...
anthobkk Posted June 10, 2015 Share Posted June 10, 2015 I don't understand how this guy is selling Yum woonsen either. For sure he doesn't have 2 thai employees (except his wife) and I don't believe he paid up 2 million baht as registered capital A month ago I saw him at the same spot again, he gave up selling his yum moonsen and is now selling selfie stcks to tourists ! Link to comment Share on other sites More sharing options...
bigt3116 Posted June 10, 2015 Share Posted June 10, 2015 Because he is working illegally, plain and simple. Link to comment Share on other sites More sharing options...
puchooay Posted June 10, 2015 Share Posted June 10, 2015 I don't understand how this guy is selling Yum woonsen either. For sure he doesn't have 2 thai employees (except his wife) and I don't believe he paid up 2 million baht as registered capital A month ago I saw him at the same spot again, he gave up selling his yum moonsen and is now selling selfie stcks to tourists ! You don't need to pay up 2million. There are other ways to do it and perfectly legal. Link to comment Share on other sites More sharing options...
maprao Posted June 10, 2015 Share Posted June 10, 2015 Good for him. I hope the video does not land him in hot water. I hope he stays under the radar. If he has a permit I wish him luck. He speaks Thai has integrated into Thai life and is bothering nobody. Good luck! 1 Link to comment Share on other sites More sharing options...
bigt3116 Posted June 10, 2015 Share Posted June 10, 2015 Good for him. I hope the video does not land him in hot water. I hope he stays under the radar. If he has a permit I wish him luck. He speaks Thai has integrated into Thai life and is bothering nobody. Good luck! He is breaking the law and directly doing a job that can be done by a Thai. No way on this planet he has a work permit for this, and if by staying under the radar, you mean, posting videos of his illegal activities on YouTube, then yeh, best of luck to him. 1 Link to comment Share on other sites More sharing options...
platofrank Posted June 10, 2015 Share Posted June 10, 2015 I don't understand how this guy is selling Yum woonsen either. For sure he doesn't have 2 thai employees (except his wife) and I don't believe he paid up 2 million baht as registered capital A month ago I saw him at the same spot again, he gave up selling his yum moonsen and is now selling selfie stcks to tourists ! You don't need to pay up 2million. There are other ways to do it and perfectly legal. Hmmmm.... i know this guy... he indeed is working (formally) illegaly... he is (or was, i didnt see him for a while) .. tolerated by the local police but '"You don't need to pay up 2million. There are other ways to do it and perfectly legal." ... could you explain how? Link to comment Share on other sites More sharing options...
Muzarella Posted June 10, 2015 Share Posted June 10, 2015 (edited) If you are married or partner with a Thai, its can be your partner in a Limited Partnership Company, when you can have not more than 49% of the shares, you will get a work permit having more 1 to 4 Thai employees or partners (change by the province). This kind of company, cost just 2000 thb to register in any DBD local office. The stated capital is just in writing, and only for liability, and can be any amount from 200K to 2 million. If the company will have some good potential or large sales, 1 million stated capital is appropiated and convenient. Do not need to show that money in any way to register this kind of company. ONLY Limited Company needs to show money and its are more complicated and expensive to register. Limited Partnership is easy. Example: your wife or GF with 51%, you 45%, and up to 4 more Thais with 1% share each, and you will get your work permit. If you do not need employees, you may make a deal with Thai people to be on your payroll without salary. You can have the management position in the company if stated on the contract. Also is posible to act more directly if the product or service is farang related, or its need your skills. Edited June 10, 2015 by Muzarella 1 Link to comment Share on other sites More sharing options...
puchooay Posted June 10, 2015 Share Posted June 10, 2015 Thanks for that. I was just about to reply. You saved me a job. Link to comment Share on other sites More sharing options...
maprao Posted June 10, 2015 Share Posted June 10, 2015 Interesting post Muzarella . I'll look into it I'm a long way from doing my own business but good info all the same. Thank you for sharing Link to comment Share on other sites More sharing options...
swampdonkey Posted June 10, 2015 Share Posted June 10, 2015 I don't understand how this guy is selling Yum woonsen either. For sure he doesn't have 2 thai employees (except his wife) and I don't believe he paid up 2 million baht as registered capital A month ago I saw him at the same spot again, he gave up selling his yum moonsen and is now selling selfie stcks to tourists ! You don't need to pay up 2million. There are other ways to do it and perfectly legal. Hmmmm.... i know this guy... he indeed is working (formally) illegaly... he is (or was, i didnt see him for a while) .. tolerated by the local police but '"You don't need to pay up 2million. There are other ways to do it and perfectly legal." ... could you explain how? Better still, You never have to pay the 2 million and it is 100 % legal Link to comment Share on other sites More sharing options...
digitalchromakey Posted June 10, 2015 Share Posted June 10, 2015 (edited) If you are married or partner with a Thai, its can be your partner in a Limited Partnership Company, when you can have not more than 49% of the shares, you will get a work permit having more 1 to 4 Thai employees or partners (change by the province). This kind of company, cost just 2000 thb to register in any DBD local office. The stated capital is just in writing, and only for liability, and can be any amount from 200K to 2 million. If the company will have some good potential or large sales, 1 million stated capital is appropiated and convenient. Do not need to show that money in any way to register this kind of company. ONLY Limited Company needs to show money and its are more complicated and expensive to register. Limited Partnership is easy. Example: your wife or GF with 51%, you 45%, and up to 4 more Thais with 1% share each, and you will get your work permit. If you do not need employees, you may make a deal with Thai people to be on your payroll without salary. You can have the management position in the company if stated on the contract. Also is posible to act more directly if the product or service is farang related, or its need your skills. You don't need to show one satang to register capital for a limited company either, you just pay a fee per 100,000 THB at DBD (Commerce Department). Nowadays you only need three shareholders for either type of company. In the long term, whether you have a limited company or limited partnership, you must still account for the basis of the registered capital in the annual accounts (can be loans to directors, capital assets, trade marks, intellectual property, etc). You still need a minimum registered capital with a standard limited partnership (there are two types, but only one type where one can obtain work permits) and it's still 2 million per work permit if you are not legally married to a Thai. Regarding Thai employees, though the main requirement is to be on the payroll with evidence of tax returns and social insurance paid, labour may ask to photos of staff at their work, whatever the constitution of your company.. Nothing however to stop you having a clerk/secretary, cleaner, driver and a general dogsbody, no one said you have to employ 4x Thai Graduates. One small pitfall with Thai limited partnerships is that the Thai Managing Partner has 100% liability and is also required to be a signatory throughout. Edited June 10, 2015 by digitalchromakey 2 Link to comment Share on other sites More sharing options...
yankee99 Posted June 11, 2015 Share Posted June 11, 2015 If you are married or partner with a Thai, its can be your partner in a Limited Partnership Company, when you can have not more than 49% of the shares, you will get a work permit having more 1 to 4 Thai employees or partners (change by the province). This kind of company, cost just 2000 thb to register in any DBD local office. The stated capital is just in writing, and only for liability, and can be any amount from 200K to 2 million. If the company will have some good potential or large sales, 1 million stated capital is appropiated and convenient. Do not need to show that money in any way to register this kind of company. ONLY Limited Company needs to show money and its are more complicated and expensive to register. Limited Partnership is easy. Example: your wife or GF with 51%, you 45%, and up to 4 more Thais with 1% share each, and you will get your work permit. If you do not need employees, you may make a deal with Thai people to be on your payroll without salary. You can have the management position in the company if stated on the contract. Also is posible to act more directly if the product or service is farang related, or its need your skills. A lot of incorrect information in this post. Although peoole claim you can get a wp with less then 4 employees because of marriage most provinces require 4. You will need a 2 million baht registered Co., Ltd which will cost between 20,000-40,000 depending on who does the work. The company must have 3 shareholders. In my province your company also needs to be VAT registered. Link to comment Share on other sites More sharing options...
chatette Posted June 11, 2015 Share Posted June 11, 2015 Why do people assume that a `farang-looking person is not a Thai national? There are many farang-looking Thais who have either taken citizenship or whose parents are caucasian. You do not have to be Asian to be Thai. 2 Link to comment Share on other sites More sharing options...
khunano Posted June 11, 2015 Share Posted June 11, 2015 Why do people assume that a `farang-looking person is not a Thai national? There are many farang-looking Thais who have either taken citizenship or whose parents are caucasian. You do not have to be Asian to be Thai. I thought the same, however then the guy's Thai language skills would most likely be better.... Link to comment Share on other sites More sharing options...
chatette Posted June 11, 2015 Share Posted June 11, 2015 There's no rule that says you have to have great Thai language skills to be Thai. Mine aren't great and I'm Thai; many Thai citizens raised abroad are similarly not so fluent/literate in Thai. Looks and language don't determine citizenship. But we digress.... Link to comment Share on other sites More sharing options...
khunano Posted June 11, 2015 Share Posted June 11, 2015 There's no rule that says you have to have great Thai language skills to be Thai. Mine aren't great and I'm Thai; many Thai citizens raised abroad are similarly not so fluent/literate in Thai. Looks and language don't determine citizenship. But we digress.... I agree, however having been raised (and educated) abroad you would most likely not be working as a food vendor on Bangkok's streets but have more lucrative career opportunities... Link to comment Share on other sites More sharing options...
FredNL Posted June 11, 2015 Share Posted June 11, 2015 A Co., Ltd. must have at least 3 Thai share holders, max 7. The foreigner may not have more than 49% of the shares. In case there are only 2 Thai and 1 foreign share holders the shares of the foreign share holder are limited to 39%. (Thai 61%) For each working permit the company needs to have 2,000,000 THB registered and placed capital and 4 Thai staff members. In case the foreigner is a female married with a Thai (male) then the registered and placed capital is 1,000,000 THB and only 2 Thai staff members. These rules can be found at the DBD, Ministery of Commerce and Ministery of Labour. Link to comment Share on other sites More sharing options...
Kenny202 Posted June 12, 2015 Author Share Posted June 12, 2015 I don't understand how this guy is selling Yum woonsen either. For sure he doesn't have 2 thai employees (except his wife) and I don't believe he paid up 2 million baht as registered capital A month ago I saw him at the same spot again, he gave up selling his yum moonsen and is now selling selfie stcks to tourists ! How freaky is this! Was in the back of a taxi this afternoon. Back streets of Bangkok somewhere between Hua lumpong and Chinatown and that very man was pushing his cart accross the road with stools on top. Not sure what he's cooking now but me and the missus nearly fell out of the cab! What a coincidink! Link to comment Share on other sites More sharing options...
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